R.A. 9266 The Architecture Act of 2004 STATEMENT OF POLICY • The State recognizes the importance of architects in nation building and development. • Hence, it shall develop and nurture competent, virtuous, productive and well-rounded professional architects whose standards of practice and service shall be excellent, qualitative, world-class and globally competitive Architecture The art, science or profession of planning, designing and constructing buildings in their totality taking into account their environment, in accordance with the principles of utility, strength and beauty Architect-of-record The architect who is directly and professionally responsible for the total design of the project for the client and who shall assume the civil liability for the plans, specs, and contract documents he/she has signed and sealed Architect-in-charge of construction An architect who is directly and professionally responsible and liable for the construction supervision of the project Consulting architect An architect who is professionally and academically qualified and with exceptional or recognized expertise or specialization in any branch of architecture General practice of architecture The scientific, aesthetic and orderly coordination of all the processes which enter into the production of a complete building Structural conceptualization The act of conceiving, choosing and developing the type, disposition, arrangement and proportioning of the structural elements of an architectural work, giving due consideration to safety, cost-effectiveness, functionality and aesthetics Architectural firm A sole proprietorship, a partnership or a corporation registered with the proper government agencies Service agreement A duly notarized written contract stipulating the scope of services and guaranteeing compensation of such services to be rendered by an architect IAPOA Integrated and Accredited Professional Organization. The existing official national organization of all architects of the Philippines in which all registered Filipino architects shall be members without prejudice to membership in other voluntary professional associations CPD Stands for "Continuing Professional Development," a sustaining and progressive learning process that maintains, enhances, or increases the knowledge and continuing ability of architects DTI Department of Trade and Industry Association Any formal grouping of two or more architects or architectural firms working in joint venture on a project basis Architecture corporation A group of professionals in architecture and allied professions, incorporated with Architects for the purpose of delivering professional service in architecture and allied professions In case an existing Architectural Corporation does not comply with the 75% composition requirement, it shall comply and register again with the SEC and the BOA. Architectural documents Architectural drawings, specifications, and other outputs of an Architect that only an Architect can sign and seal Architectural documents Consists, among others, of vicinity maps, site development plans, architectural program, perspective drawings, architectural floor plans, elevations, sections; ceiling plans, schedules, detailed drawings, technical specifications and cost estimates, and other instruments of service in any form. Architectural interiors A detailed planning and design of the indoor areas of any proposed building, including retrofit or renovation work and which shall cover all architectural and utility/aspects, including the architectural lay-outing of all building engineering systems found therein Architectural plans The architectural plan is the representation of a lateral section for a proposed building (running parallel to the ground) and at a height of from 1-1.5 meters above the finished floor. Architectural plans The term may also collectively refer to other architectural designs such as sections, elevations, roof plan, RCP, door and window schedules, and the like. Certificate of Registration A certificate bearing a registration number, issued by the PRC through the PRBOA, signifying that the individual has successfully passed the licensure examination and is registered to practice his/her. profession as Architect Code of Ethical Conduct A document which contains the norms and principles governing the practice of the profession of architecture in the highest standards of ethical conduct Contract documents * General conditions * Special provisions or conditions * Drawings * Specifications * Other bid documents Copyright The intellectual property rights retained by an Architect over any architectural documents/work that he/she prepares unless there is a written stipulation to the contrary Copyright Copyright in a work of architecture shall include the right to control the erection of any building which reproduces the whole or a substantial part of the work either in its original form or in any form recognizably derived from the original Copyright However, the copyright in any such work shall not include the right to control the reconstruction or rehabilitation in the same style as the original of a building to which the copyright relates. CPD providers Entities, agencies, organizations other than the IAPOA that have been accredited by the PRBOA to deliver seminars, lectures, and other continuing professional education modules for architects Diversified architectural experience A post-baccalaureate, pre-licensure experience of two years required of a graduate of architecture prior to taking the licensure examination. Foreign architect An architect who is not a Filipino citizen nor an Architect registered and licensed in the Philippines, but who is duly registered and licensed in his /her home country as an Architect. Filipino counterpart The local Philippine architect, partnership or corporation that must work in association with a foreign architect, partnership or corporation, on a project on Philippine soil. Ownership The proprietary rights to an architectural work by a person who commissions the Architect. Ownership of an architectural work shall only be confined to the use of the architectural documents for executing the work for one or the original project. Ownership Ownership shall not apply to the use of the architectural documents for repetitions or subsequent projects. Professional A person whose name, registration, and professional license number is entered in the PRC registry book and computerized database as one legally authorized to practice his profession. Professional identification card A document bearing the registration number, date of issuance with an expiry date, due for periodic renewal, issued to a registered Architect upon payment of the annual registration fees for three (3) years SPP "Standards of Professional Practice" refers to documents which define all aspects of professional service, prescribes minimum basic fees and establishes the rights and obligations of both the Architect and the client. Sole proprietorship An individual architect practicing and delivering architectural services, duly registered with the DTI, PRBOA and the PRC Specialization An expertise and special knowledge in the field of architecture acquired through formal education and training or through continuing professional development and experience, for which the Architect may be engaged as Consulting Architect. Syllabi The outline of topics and concepts of major subjects to serve as basis for test questions in the licensure examinations Technology transfer The transfer of systematic knowledge for the manufacture of a product, the application of a process, or the rendering of a service and the transfer, assignment or licensing of all forms of intellectual property rights Acronyms and laws RA 9266 Architecture Act of 2004 BOA or PRBOA Board of Architecture or Professional Regulatory Board of Architecture CPD Continuing Professional Development DOLE Department of Labor and Employment IAPOA Integrated Accredited Professional Organization of Architects (the same as United Architects of the Philippines, Inc.) PRC Professional Regulation Commission RLA Registered and licensed architect UAP United Architects of the Philippines, Inc. RULE 2 The PRBOA CREATION OF THE BOARD * RA 9266 provides for the creation of the Professional Regulatory Board of Architecture * (PRBOA) * The Board is a collegial body under the supervision and administrative control of the Professional Regulation Commission (PRC) BOARD COMPOSITION * The board shall be composed of: * One chairman * Two members • They shall be appointed by the President of the Philippines from a list of three (3) recommended chosen from a list of five (5) nominees for each position submitted to the PRC by the lAPOA. CURRENT PRBOA * Chairman: Robert S. Sac * Member: Robert M. Mirafuente * Member: Fidel Jose R. Siapno PRBOA QUALIFICATIONS * Each member of the Board shall possess the following qualifications at the time of appointment: * A citizen and resident of the Philippines * BS Architecture degree * Certificate of Registration and Professional Identification Card PRBOA QUALIFICATIONS * Not a member of the faculty of any school, college, university or review institution where a regular course or review course in architecture is taught, nor have pecuniary interest in such institution * If a former teacher, must have officially resigned and has completely stopped teaching, advising or reviewing activities for at least five years prior to the nomination PRBOA QUALIFICATIONS * Has never been convicted of any crime involving moral turpitude * Not an elective officer of the IAPOA and other professional organization of architects "Moral turpitude" Conduct that is considered contrary to community standards of justice, honesty or good morals. TERM OF OFFICE " The members of the Board shall hold office for a term of three years after appointment or until their successors shall have been appointed and duly qualified. • Any vacancy occurring within the term of a member shall be filled for the unexpired portion of the term only. TERM OF OFFICE - Each member of the Board may be reappointed for one full term only - Of the members of the Board first appointed under RA 9266: * One member shall be appointed and hold office as chairman for three years, * One member for two years * One member for one year POWERS AND FUNCTIONS * Prescribe and adopt the IRR for RA 9266 * Supervise the registration, licensure and practice of architects the administration of RA 9266 . Administer oaths in connection with POWERS AND FUNCTIONS • Issue, suspend, revoke, or reinstate the Certificate of Registration and the Professional ID * Adopt an official seal of the PRBOA * Monitor the conditions affecting the practice of architecture and adopt measures for the enhancement and maintenance of the standards POWERS AND FUNCTIONS * Prescribe and adopt the Code of Ethical Conduct and Standards of Professional Practice; * Hear and decide administrative cases involving violations of RA 9266, the Code of Ethical Conduct, and Standards of Professional Practice * Prescribe guidelines for the Continuing * Professional Development (CPD) program in consultation with the lAPOA * Note: The attendance to said CPD shall not be a mandatory requirement for the renewal of a * Professional ID * Prepare, adopt, issue or amend the syllabi of the subjects for examinations in consultation with the academe * Determine and prepare questions as well as administer, correct and release the results of the licensure examinations • Approve, issue, limit or cancel temporary or special permit to practice architecture . In coordination with the CHED, ensure that all higher educational instruction comply with the policies, standards and requirements of the course prescribed by the CHED in the areas of curriculum, faculty, library and facilities • To adopt a program for the full computerization of the licensure examination ADMINISTRATIVE SUPERVISION • The Board shall be under the administrative supervision of the PRC • All records of the Board, including applications for examination, examination questions, answer sheets, and other records and documents pertaining to licensure examination, administrative and other investigative cases conducted by the Board shall be under the custody of the PRC • The PRC shall designate the Secretary of the Board and shall provide the secretariat and other support services to implement the provisions of RA 9266. Grounds for Suspension of PRBOA members SUSPENSION/REMOVAL . The President of the Philippines, upon the recommendation of the PRC and after giving the concerned member an opportunity to defend himself in a proper administrative investigation, may suspend or remove any member on the following grounds: * Neglect of duty or incompetence * Violation or tolerance of violations of RA 9266, or its IRR or the Code of Ethical Conduct and Standards of Professional Practice * Final judgment of crimes involving moral turpitude RULE 3 Examination, registration, licensure EXAMINATION REOUIRED • All applicants for registration for the practice of architecture shall be required to undergo the licensure examination Qualifications for exam applicants QUALIFICATIONS * A Filipino citizen or a citizen of a foreign country qualified to take the examination as provided for in this IRR * Of good moral character * A holder of the degree of BS Architecture conferred by a school, college, academy or institute duly recognized by CHED * Two years of diversified architectural experience duly certified by an LA * Note: An applicant holding a Master's Degree in Architecture shall be credited with one (1) year * Never been convicted of any criminal offense involving moral turpitude REQUIRED DOCUMENTS * NSO Birth Certificate * NSO Marriage Contract for married female applicants * College Diploma with indication of date of graduation * Transcript of Records with indication of date of graduation * Accomplished Diversified Training Forms (DT Form 001 and 002) * Architect-Mentor Affidavit * Photocopy of Architect-Mentor's valid Professional Identification Card, Professional Tax Receipt (PTR) and IAPOA number * NBI clearance * Other documents that the Board may require FRAUD IN APPLICATIONS . The Board may refuse to renew, may suspend/revoke any certificate of registration obtained by false swearing or any misrepresentations made in applying for registration or examination Subjects for examination HISTORY OF ARCHITECTURE * Analysis of architectural manifestations from the beginning of civilization to contemporary periods of development; - Analysis of the influences of environmental, historical, and sociocultural factors and their relevance to the development of art, buildings, structures, as well as of human settlements. THEORY OF ARCHITECTURE * Understanding of the theories and principles of design and architectural design process; * Analysis of anthropometric, proxemic, and kinesthetic requirements of space in relation to architectural design; * Analysis of sociocultural and technological trends which are contributory to the development of contemporary architecture. ARCHITECTURAL PRACTICE - Understanding of the role, legal rights and obligations, and responsibilities of the architect * Analysis and application of the various statutes, codes, and regulations affecting the practice of architecture in the Philippines ARCHITECTURAL PRACTICE - Understanding of the various aspects of the professional practice of architecture, including tools and techniques related to production, construction, resource allocation, and project management, as well as the efficient conduct of client and business relations for building design and construction projects. THEORY/PRINCIPLES OF PLANNING - Analysis of the concepts and techniques in the general planning process, regional planning, land use planning, and human settlements planning * Understanding of the art and science of site planning with emphasis on ecological, sociopsychological, aesthetic, and functional basis of site planning. STRUCTURAL DESIGN * Understanding of the fundamentals of mechanics, strength of materials, and theory of Structures * General design, principles, and analysis of the structural elements of various types of construction materials and systems. MATERIALS/CONSTRUCTION * Understanding of the properties of building construction and finishing materials; their application and articulation, systems and methods of specifying and construction; * Application of the principles of design and construction methods of various types of materials used in construction. UTILITIES * Understanding of the basic practices, principles, general design and installation, and/or construction of utilities required for a building or structure and its premises; * Analysis of utility, facility, and equipment requirements in relation to aesthetic, function, and strength of a building or structure and its premises. URBAN DESIGN * Analysis of the concepts and techniques in the general planning process of the physical and systematic design on a community and urban plane on a more comprehensive manner. * Understanding of the art and science of urban design with emphasis on ecological, socio-psychological, aesthetic and functional basis of urban design. ARCHITECTURAL INTERIORS * Understanding of the theories and principles of Architecture Interiors * Analysis of anthropometric, proxemic, and kinesthetic requirements of space in relation to Architectural Interiors. DESIGN / SITE PLANNING • Application of logical approach to architectural interiors, urban design and site planning solutions to architectural and planning problems with emphasis on design methodology, quantitative and qualitative aspects of space, circulation, and interrelationships of space, structural and form envelopes, and building utilities and facilities. DESIGN / SITE PLANNING • Application of skills and ability to visualize architectural design problems and present solutions in appropriate graphical language. REVISIONS TO THE SYLLABUS • The PRBOA, subject to the approval of the PRC, may revise or exclude any of the subjects and their syllabi, and add new ones as the need arises to conform to technological changes brought about by continuing trends in the profession. RATING IN THE EXAMS * To be qualified as having passed the licensure examination for architects, a candidate must obtain: * A weighted general average of seventy percent * (70%) * No grade lower than fifty percent (50%) in any given subject REPORT OF RATINGS • The Board shall submit to the Commission the ratings obtained by each candidate within thirty (30) calendar days after the examination, unless extended for just cause. * Upon the release of the results of the examination, the Board shall send by mail the rating received by each examinee at his/her given address using the mailing envelope submitted during the examination. * Note: The report of rating may be distributed to the successful examines during their mass oath taking as new registered and licensed architects. OATH • All successful candidates in the examination shall be required to take an oath of profession prior to entering upon the practice of the profession. Issuance of certificates of registration and ID ISSUANCE - A Certificate of Registration and Professional Identification Card shall be issued to examines who pass the licensure examination PROFESSIONAL ID * The Professional Identification Card shall likewise be issued to every registrant who has paid the prescribed fee of annual registration for three (3) years * The renewal of the said card shall be subject to payment of the annual registration fees for another and every after three (3) years Roster of architects ROSTER OF ARCHITECTS * A roster showing the names and place of business including other personal material and relevant data of all registered professional architects shall be prepared and updated by the Board and copies thereof shall be made available to any party as may be deemed necessary. SEAL, ISSUANCE AND USE OF SEAL * A duly licensed architect shall affix the seal prescribed by the Board bearing the registrant's name, registration number and title "Architect" on all architectural plans, drawings, specifications and all other contract documents prepared by or under his/her direct supervision * Each registrant hereunder shall, upon registration, obtain a seal of such design as the Board shall authorize and direct * It shall be unlawful for any one whose certificate of registration has been revoked to stamp or seal any documents * No officer or employee of this Republic, chartered cities, provinces and municipalities shall accept or approve any architectural plans or specifications which have not been prepared and submitted in full accord with all the provisions of RA 9266 * It shall be unlawful for any architect to sign his/her name, affix his/her seal or use any other method of signature on architectural plans, specifications or other documents made under another architect's supervision, unless the same is made in such manner as to clearly indicate the part or parts of such work actually performed by the former * Drawings and specifications duly signed, stamped or sealed, as instruments of service, are the intellectual properties and documents of the architect, whether the object for which they are made is executed or not. It shall be unlawful for any person, without the consent of the architect, to duplicate or to make copies of said documents for use in the repetition of and for other projects or buildings, whether execute * All architectural plans, designs, specifications, drawings and architectural documents relative to the construction of a building shall bear the seal and signature only of an architect registered and licensed under RA 9266 together with his/her professional identification card number and the date of its expiration * The Board shall prescribe the design, size, and contents of the dry seal to be used in signing and sealing of architectural plans INDICATION OF CERTIFICATE OF REGISTRATION, PRC ID, PTR * The architect shall be required to indicate the number of his/her Certificate of Registration and Professional Identification Card with its date of issuance and the duration of validity, including the professional tax receipt number on the documents he/she signs, uses or issues in connection with the practice of his/her profession Refusal to issue certificate of registration NON-ISSUANCE OF CERTIFICATE * The Board shall not register and issue a Certificate of Registration and Professional Identification Card to any person who: * Has falsely sworn or misrepresented himself/herself in his/her application for examination * Is convicted by a court of competent jurisdiction of a criminal offense involving moral turpitude or guilty of immoral and dishonorable conduct Is of unsound mind * However, registration shall not be refused and a name shall not be removed from the roster of architects on conviction for a political offense or for an offense which should not, in the opinion of the Board disqualify a person from practicing under RA 9266. * The Board in the written statement shall state the period for the deferment of the registration or the offense or act committed does not call for indefinite period and/or perpetual deprivation of the chance to register. SUSPENSION AND REVOCATION aria Stanton * The Board shall have the power, upon notice and hearing, to suspend or revoke the validity of a Certificate of Registration/Professional Identification Card: * for the use of or perpetuation of any fraud or deceit in obtaining a Certificate of Registration and Professional Identification Card * for gross negligence or incompetence * for unprofessional or dishonorable conduct * Such action of the Board shall be subject to appeal to the PRC whose decision shall be final if he/she: * Has signed and affixed or permitted to be signed or affixed his name or seal on architectural plans not prepared by him/her or not executed under his/her immediate supervision * Has paid money except the regular fees provided for to secure a Certificate of Registration; or Has falsely impersonated a practitioner, or former practitioner or has practiced under an assumed, fictitious or corporate name other than that cite registered; or * has aided or abetted in the practice of architecture of any person not duly authorized to practice architecture in the Philippines; or * Has openly solicited projects by undertaking architectural services without a valid service D agreement and has allowed himself/herself to be exploited by undertaking architectural services without a valid service agreement, both acts being prejudicial to other architects. * Has violated any provision of RA 9266, its implementing rules and regulations, the Code of Ethical Conduct and Standards of Professional Practice * Any person, firm or association, may prepare charges in accordance with the provisions of this section against any registrant * Such charges shall be in writing and shall be sworn to by the person making them and shall be filed with the Secretary of the Board REISSUANCE / REPLACEMENT * The Board may, after the expiration of two (2) years from the date of revocation, reinstate the validity of a revoked Certificate of Registration and in so doing may, in its discretion, exempt the applicant from taking another examination RULE 4 Practice of Architecture (Sundry Provisions) Registration of architects required REGISTRATION OF ARCHITECTS REQUIRED * Only persons with a Certificate of Registration and be issued a Professional Identification Card may: * Practice architecture in this country * Engage in preparing architectural plans, specifications or preliminary data for the erection or alteration of any building located within the boundaries of this country * Use the title "Architect", or display the word "Architect" together with another word * Display or use any title, sign, card, advertisement, or other device to indicate such person practices or offers to practice architecture, or is an architect * Any person not authorized to practice architecture in the Philippines who shall perform any of the activities mentioned in Sections 3 and 4 shall be deemed engaged in the unauthorized practice of architecture and shall, therefore, be criminally liable under RA 9266 and its IRR VESTED RIGHTS * All architects registered at the time this law takes effect shall automatically be registered under the RA 9266, subject, however, to the provisions regarding future requirements. * Certificates of Registration and Professional Identification Cards held by such persons in good standing shall have the same force and effect as though issued after the passage of RA 9266. RECIPROCITY REQUIREMENTS * A person who is not a citizen of the Philippines shall not be allowed to take the licensure examination unless he/she can prove that his/her country either admits citizens of the Philippines to the practice of the same profession without restriction or allows them to practice it after passing an examination on terms of strict and absolute equality with citizens * That person's country must also unconditionally recognize the degrees/diplomas issued by the schools duly recognized by the Government of the Philippines. * A foreign citizen, whether he studied in the Philippines or not, who desires to take the licensure examination for Architects through reciprocity shall initiate the establishment of reciprocity between his country/state and the Philippines * The foreign applicant must submit a letter or any document signed and under official seal by the appropriate official of his country requesting the Chairman of the Board Architecture to allow the foreign applicant to take the licensure examination * If the letter/document and the copy of the law submitted by the applicant is satisfactory to the Board, the foreign applicant shall be allowed to take the licensure examination for Architects by requiring him to file an application to take the licensure examination and by submitting the following documents: * Any official document issued by the Bureau of Immigration and Deportation allowing the applicant to enter and reside the Philippines; * Passport * Original or authenticated copy of transcript of records issued by the institution of higher learning where he studied, duly authorized by his country * Other documents which may be required to be submitted by the Board.
